torturing terrorists exploring the limits of law human rights and academic freedom

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This book considers the theoretical, policy and empirical arguments relevant to the debate concerning the legalisation of interrogational torture. Torturing Terrorists examines, as part of a consequentialist analysis, the nature and impact of torture and the implications of its legal regulation on individuals, institutions and wider society. In making an argument against the use of torture, the book engages in a wide ranging interdisciplinary analysis of the arguments and claims that are put forward by the proponents and opponents of legalised torture. This book examines the ticking bomb hypothetical and explains how the component parts of the hypothetical are expansively interpreted in theory and practice. It also considers the effectiveness of torture in producing ‘ticking bomb’ and ‘infrastructure’ intelligence and examines the use of interrogational torture and coercion by state officials in Northern Ireland, Algeria, Israel, and as part of the CIA’s ‘High Value Detainee’ interrogation programme. As part of an empirical slippery slope argument, this book examines the difficulties in drafting the text of a torture statute; the difficulties of controlling the use of interrogational torture and problems such a law could create for state officials and wider society. Finally, it critically evaluates suggestions that debating the legalisation of torture is dangerous and should be avoided. The book will be of interest to students and academics of criminology, law, sociology and philosophy, as well as the general reader.

This collection of essays is the first book to take up the urgent issue of torture from the array of approaches offered by the arts and humanities. In the post-9/11 era, where we are once again compelled to entertain debates about the legality of torture, this volume speaks about the practice in an effort to challenge the surprisingly widespread acceptance of state-sanctioned torture among Americans, including academics and the media-entertainment complex. Speaking about Torture also claims that the concepts and techniques practiced in the humanities have a special contribution to make to this debate, going beyond what is usually deemed a matter of policy for experts in government and the social sciences. It contends that the way one speaks about torture-including that one speaks about it-is key to comprehending, legislating, and eradicating torture. That is, we cannot discuss torture without taking into account the assaults on truth, memory, subjectivity, and language that the humanities theorize and that the experience of torture perpetuates. Such accounts are crucial to framing the silencing and demonizing that accompany the practice and representation of torture. Written by scholars in literary analysis, philosophy, history, film and media studies, musicology, and art history working in the United States, Europe, and the Middle East, the essays in this volume speak from a conviction that torture does not work to elicit truth, secure justice, or maintain security. They engage in various ways with the limits that torture imposes on language, on subjects and community, and on governmental officials, while also confronting the complicity of artists and humanists in torture through their silence, forms of silencing, and classic means of representation. Acknowledging this history is central to the volume's advocacy of speaking about torture through the forms of witness offered and summoned by the humanities.

A startling exposé of the CIA's development and spread of psychological torture, from the Cold War to Abu Ghraib and beyond In this revelatory account of the CIA's secret, fifty-year effort to develop new forms of torture, historian Alfred W. McCoy uncovers the deep, disturbing roots of recent scandals at Abu Ghraib and Guantánamo. Far from aberrations, as the White House has claimed, A Question of Torture shows that these abuses are the product of a long-standing covert program of interrogation. Developed at the cost of billions of dollars, the CIA's method combined "sensory deprivation" and "self-inflicted pain" to create a revolutionary psychological approach—the first innovation in torture in centuries. The simple techniques—involving isolation, hooding, hours of standing, extremes of hot and cold, and manipulation of time—constitute an all-out assault on the victim's senses, destroying the basis of personal identity. McCoy follows the years of research—which, he reveals, compromised universities and the U.S. Army—and the method's dissemination, from Vietnam through Iran to Central America. He traces how after 9/11 torture became Washington's weapon of choice in both the CIA's global prisons and in "torture-friendly" countries to which detainees are dispatched. Finally McCoy argues that information extracted by coercion is worthless, making a case for the legal approach favored by the FBI. Scrupulously documented and grippingly told, A Question of Torture is a devastating indictment of inhumane practices that have spread throughout the intelligence system, damaging American's laws, military, and international standing.

Can torture be justified in exceptional circumstances? In this timely work, Michelle Farrell asks how and why this question has become such a central debate. She argues that the ticking bomb scenario is a fiction which blinds us to the reality of torture and investigates what it is that that scenario fails to represent. Farrell aims to reframe how we think about torture, and critically reflects on the historical and contemporary approaches to its use in exceptional situations. She demonstrates how torture, from its use in Algeria to the 'War on Terror', has been misrepresented, and appraises the legalist, extra-legalist and absolutist assessments of exception to the torture prohibition. Employing Giorgio Agamben's theory of the state of exception as a foil, Farrell deconstructs these approaches and goes on to propose her own theory of exceptional torture.

The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.

A Pulitzer Prize winner delivers an enlightening, intensely researched examination of violations of the constitutional principles that preserve individual rights and civil liberties from courtrooms to classrooms.

On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a 'war on terror'. The concept of the 'war on terror' has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The 'war on terror' is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.

This third edition of Understanding Human Rights has been elaborated by the European Training and Research Center for Human Rights and Democracy (ETC) in Graz, originally for the Human Security Network (HSN) at the initiative of the Austrian Ministry for Foreign Affairs. The objective is to assist human rights education efforts worldwide. The book's thematic modules on selected human rights issues cover topics such as: the prohibition of torture, freedom from poverty, human rights of women and children, human rights in armed conflict, freedom of expression, and democracy. New to this updated edition are chapters reflecting current trends in human rights, including new modules on privacy (such as challenges posed by Internet use), minority rights, and the right to asylum. Translations of the earlier editions already exist in 15 languages, among them all the official United Nations languages. Understanding Human Rights has become a basic text for human rights education and training in different countries, on different levels, and for different audiences, from university lectures in China to NGO training in Mali to police training in Kosovo.